Brian Russ Law, Inc. provides trademark registration services for clients in all 50 states, including Ohio.
Discover Why Trademarks are Important
A trademark distinguishes a company’s goods. If the business doesn’t have a registered trademark, it can’t be guaranteed rights to that word or phrase, which would allow them to stop competitors from using it. For example, if you create the name “Happy Days” for your nursery school and begin using it in your business, the owner of Happy Days toy store cannot stop you from doing so.
The United States Patent and Trademark Office offers a registration for marks for the entire United States. Once you register your mark, others will know that you are using it and be prevented from using the mark in commerce.
The Benefits of Federal US Trademarks
Trademarks identify the unique products and services of a company. They can come in the form of logos or a slogan, but they serve the same purpose of protecting the brand from being used by another. When someone has trademarked something, they have legal grounds to sue those who violate their trademark.
A federal trademark registration provides an easier and better chance of litigation against others in court for infringement. It also makes it possible for you to sue in a federal court, which increases damages and remedies.
Another benefit is that registering your trademark with the USPTO (US patent and trademark office) provides constructive notice to others of your trademark. In order to avoid unintentional infringement, it’s best to conduct a search before using the mark you want. If it’s found, unintentional infringement may still be considered actionable infringement.
How To Plan Your Trademark Strategy
A trademark attorney can protect the trademark and the process of registering it. The process is often lengthy and complicated, but a trademark lawyer’s prowess will help you successfully register your trademark.
We always advise our clients not to try to secure a trademark on their own because there are many quality services that walk people through the process. These automated online applications are awful and they drive more work our way to clean up the mess.
Our company will help you with anything involving trademarks, including the right way to do it and the consequences of not doing something correctly. We can even tell you if you don’t need a trademark at all rather than apply in vain.
The Different Between Trademark and Copyright
Trademarking is used to protect a brand’s identity, for example the company’s name or the product’s name. This shows the customer that this company has ownership over what they’re selling. Trademarks are commonly used for advertising purposes: a person will know who to go to if they want that specific product.
Know the difference between a copyright and trademark to secure legal protection. The difference is that copyrights exist whether registered or not, but additional protections come with registration.
Examples of Trademark Needs in Cleveland, Ohio
A lot of people ask us, “Why do I need a trademark for my business?” And the simple answer to that is your businesses name, logo, and branding are inherently valuable. You want to ensure that you’ve protected your business as your brand’s value grows and continues to appreciate over time. For example, if you’re in Solon, or driving on Interstate 77, you’ve probably seen tons of billboards for corporations and mom-and-pop shops alike. And they’ve all got a certain feel to them, their branding. And that branding is valuable. You want to make sure that if you start a shop in Cleveland, that somebody two states over isn’t going to steal your idea and name and do the same business.
A great example I love to use is professional sports teams. Their need to have a protected brand name, logo, slogan, and such is invaluable because so much of their team’s value is wrapped up in their identity. There are lots of sports teams, but for fans, there’s always “my team”. Think about the teams near Cleveland and Westlake, like the Cleveland Browns and the Cleveland Cavilers. You can probably picture their logo in your mind, and you know that nobody else is using their names and logos to promote a professional sports team.